Last Updated on June 27, 2025 by Beltz Law Group
Understanding Theft Under Texas Penal Code 31.03: What You Need to Know
Theft Criminal Defense Attorney
Being accused of theft can be a frightening and confusing experience. The consequences of a theft conviction in Texas can range from fines and probation to significant jail time, depending on the value of the property involved and other circumstances. At the Beltz Law Group, we understand the complexities of theft allegations and are dedicated to providing a vigorous defense for our clients.
One of the most frequently encountered statutes in Texas theft cases is Article 31.03 of the Texas Penal Code. This article broadly defines the crime of theft and sets the foundation for how these offenses are prosecuted.
What Constitutes Theft Under Texas Penal Code 31.03?
According to Texas Penal Code 31.03, a person commits theft if he or she unlawfully appropriates property with intent to deprive the owner of property. Let’s break down the key elements of this definition:
- Unlawfully Appropriates: This means taking or acquiring property without the owner’s effective consent. “Appropriation” can involve exercising control over the property, moving it, or even just keeping it when you don’t have the right to do so. This element also covers appropriation by deception or by coercion.
- Property: This term is broadly defined and can include a wide range of tangible and intangible items, such as:
- Real estate
- Tangible personal property (e.g., cars, jewelry, electronics)
- Services
- Documents representing an interest in property
- And even utilities like electricity or water.
- With Intent to Deprive the Owner of Property: This is a crucial element that speaks to the individual’s state of mind. “Deprive” means to withhold property permanently or for so extended a period that a substantial portion of the value or enjoyment of the property is lost; or to restore property only upon payment of reward or other compensation; or to dispose of property in a manner that makes recovery of the property by the owner unlikely. The prosecution must prove that the accused intended to permanently or semi-permanently keep the property from its rightful owner.
Penalties for Theft in Texas
Theft Criminal Defense Lawyer
The severity of the penalties for theft in Texas depends heavily on the value of the property stolen. Texas Penal Code 31.03 outlines a graduated scale of offenses, ranging from Class C misdemeanors to first-degree felonies:
- Class C Misdemeanor: Property value less than $100 (fine only, no jail time).
- Class B Misdemeanor: Property value of $100 or more but less than $750 (up to 180 days in jail, fine up to $2,000).
- Class A Misdemeanor: Property value of $750 or more but less than $2,500 (up to 1 year in jail, fine up to $4,000).
- State Jail Felony: Property value of $2,500 or more but less than $30,000 (180 days to 2 years in a state jail facility, fine up to $10,000).
- Third-Degree Felony: Property value of $30,000 or more but less than $150,000 (2 to 10 years in prison, fine up to $10,000).
- Second-Degree Felony: Property value of $150,000 or more but less than $300,000 (2 to 20 years in prison, fine up to $10,000).
- First-Degree Felony: Property value of $300,000 or more (5 to 99 years or life in prison, fine up to $10,000).
It’s also important to note that certain factors can elevate the charge, regardless of the property’s value, such as theft of a firearm, theft from a person, or theft of certain government documents.
How the Beltz Law Group Can Help
Criminal Defense Attorney
If you or a loved one is facing theft charges under Texas Penal Code 31.03, the time to act is now. The Beltz Law Group is a premier criminal defense law firm with extensive experience defending individuals accused of theft. We understand the nuances of Texas theft law and can help you navigate the legal process.
Our skilled attorneys will:
- Thoroughly investigate your case: We will meticulously review all evidence, including police reports, witness statements, and any available surveillance footage.
- Identify weaknesses in the prosecution’s case: We will look for inconsistencies, constitutional violations, or insufficient evidence that could lead to a dismissal or reduction of charges.
- Develop a strong defense strategy: This may involve challenging the “unlawful appropriation” or “intent to deprive” elements, arguing mistaken identity, or negotiating for a favorable plea agreement.
- Represent you vigorously in court: If your case goes to trial, you can rest assured that you will have a dedicated and experienced advocate by your side.
Don’t let a theft accusation define your future. Contact the Beltz Law Group today for a confidential consultation. We are here to protect your rights and fight for the best possible outcome in your case.
